R. & W. Jenkinson Co. v. Eggers
Superior Court of Pennsylvania
Appeal, No. 21, April T., 1905, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1902, No. 264, on verdict for defendant in case of the R. & W. Jenkinson Company v. Hannah Eggers. Assumpsit on a promissory note. Before McClung, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. • Error assigned is quoted in full in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Morrison, J.
On January 6, 1902, F. W. Eggers made his promissory note to the order of Hannah Eggers, his mother, appellee, for the sum of $500, payable in sixty days. This note was indorsed for accomodation by the appellee and in due course for *152value came into the hands of the plaintiff. It was not paid when due and went to protest. Shortly thereafter, F. WEggers paid on account of the note $250, and tendered a new note for the balance, dated the day of maturity of the first note, signed by himself, made to the order of the appellee and by her indorsed. The latter note, however, was…
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